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Federal Court Decisions for the week ending 1 July 2021
| Broadbent v Minister for Home Affairs [2021] FCAFC 116 Full Court of the Federal Court of Australia Nicholas, Wigney & Anderson JJ Migration law – Minister’s delegate cancelled applicant’s Class WR Subclass 070 Bridging R (Removal Pending) visa under s501(3A) Migration Act 1958 (Cth) – Minister refused to revoke cancellation – SC Derrington J, of Federal Court of Australia, refused judicial review application – applicant sought to appeal – whether to grant extension of time to appeal – whether Minister lacked power under s501CA Migration Act to revoke visas cancellation – whether erroneous failure to consider ‘evidence of significance’ concerning question whether to revoke visa’s cancellation – whether applicant made representation that he was, or might be a Zambian citizen – whether Minister required to consider applicant’s connection with Zambia – whether misconstruction of s256 Migration Act – held: extension of time to appeal refused. Broadbent |
| Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 98 Full Court of the Federal Court of Australia Logan, Charlesworth & Wheelahan JJ Migration law – Minister cancelled appellant’s visa under s501(3) Migration Act 1958 (Cth) (cancellation decision) – appellant challenged cancellation decision – Bromberg J, of Federal Court of Australia, dismissed judicial review application – appellant contended Minister had misunderstood operation of 501(3) Migration Act ‘by believing it precluded him from’ effecting procedural fairness rules – appellant also contended Minister was ‘precluded from re-exercising the power to cancel’ visa where a previous Minister had declined to cancel the visa (‘2012 decision’) ‘and no relevant new fact or circumstance had arisen since’ 2012 decision – appellant also contended Minister failed to have regard to ‘mandatory relevant consideration’ – whether to grant leave to raise new appeal grounds – whether ‘separate powers’ conferred between s501(2) Migration Act and s501(3) Migration Act – whether Minister was ‘re-exercising power’ when cancellation decision made – held: appeal dismissed. Chetcuti |
Source: Benchmark
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